A. On January 15, 2010, the Korea Credit Guarantee Fund filed a claim against the Defendant and B for the reimbursement of the reimbursement amount with the Seoul Western District Court 2009da60810, and the above court rendered a judgment on January 15, 2010 that “the Defendant shall jointly and severally with the Korea Credit Guarantee Fund for KRW 50,093,714 and KRW 49,993,364 as to the amount of KRW 18% per annum from May 11, 2004 to May 31, 2005; and KRW 15% per annum from the following day to November 11, 2009; and KRW 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive.

B. On September 25, 2014, the Korea Credit Guarantee Fund transferred a claim established by the said judgment (hereinafter “instant claim”) to the Plaintiff. On the same day, the Korea Credit Guarantee Fund notified B of the assignment of the said claim.

C. On December 2, 2019, the Plaintiff applied for the instant payment order for the interruption of extinctive prescription of the instant claim.

The principal and interest of the instant claim up to November 5, 2019 is the sum of KRW 49,441,808 and interest KRW 106,767,776 and interest KRW 156,209,584.

[Grounds for recognition] Unsatisfy, Gap evidence Nos. 1-3, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 12% per annum from November 6, 2019 to the day of full payment, as claimed by the Plaintiff, to the Plaintiff who acquired the instant claim, within the scope of the interest rate of KRW 156,209,584 in total and the principal amount of KRW 49,441,80 in total, and damages for delay calculated from November 6, 2019 to the day of full payment, barring special circumstances.

B. The Defendant asserts that the above claim was extinguished by extinctive prescription.

The final and conclusive judgment is extended to 10 years from the date of the final and conclusive judgment, and the fact that the judgment against the defendant of the Credit Guarantee Fund became final and conclusive is as mentioned above, and the application for the payment order of this case was filed on December 2, 2019, for which the ten years have not passed from the date of the final and conclusive judgment.